The Supreme Court (SC) announced on Wednesday its decision dismissing the petition to disqualify Caloocan 2nd District Rep. Edgar Erice in the 2025 polls.
The SC en banc reversed the ruling of the Commission on Elections (Comelec) disqualifying Erice for alleged violation of the Omnibus Election Code (OEC).
In its decision, the High Tribunal clarified that a candidate can only be disqualified if a competent court has already found them guilty of violating the OEC or the Local Government Code in a separate proceeding.
“It is the final decision finding the candidate guilty which can serve as the basis for disqualification. Thus, the finding of guilt must come from an earlier case, not the disqualification case itself,” the SC said. Pot Chavez
The Court added that while Comelec can investigate election offenses, only Regional Trial Courts have jurisdiction to determine guilt. It said the Comelec did not follow the proper procedure when it directly declared the lawmaker guilty and then disqualified him. Pot Chavez
